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Report for January
24, 2003
Judge Separates Anatomy from Gender
Thu Jan 16, 8:19 PM ET
Gay.com / PlanetOut.com Network
SUMMARY: A New York Supreme Court judge ruled on Thursday that a
transgender person's anatomy is not relevant to gender identity.
In a legal dispute in which a landlord objected to a tenant agency's
clients using the "wrong" restrooms, a New York Supreme Court
judge ruled on Thursday that a transgender person's anatomy is not
relevant to gender identity.
The ruling also declared that the agency, the Hispanic AIDS Forum (HAF) of
New York City, did not have to turn over the names of clients or proof of
birth genders, as such action would violate the HIV confidentiality rights
of many of the clients.
The case, Hispanic AIDS Forum v. Estate of Joseph Bruno, is still in the
information-gathering phase. Depositions will continue into February,
according to the ACLU.
HAF, represented by the ACLU, filed suit in June 2001 after the landlord
refused to renew the agency's lease because of complaints from other
tenants that transgender HAF clients were using restrooms not associated
with their physical anatomy. The landlord reportedly refused to negotiate
a way to accommodate such clients, and the agency was forced to relocate.
The lawsuit contends that the owner of the Bruson Building in Jackson
Heights violated state and local laws against discrimination based on sex,
gender and disability. The plaintiff seeks unspecified damages, citing the
financial and practical impact of the agency's relocation.
"The landlord's tactics of trying to degrade our clients by forcing
them to disclose what their genitals look like and their HIV status
demonstrates the contempt they have for transgendered people suffering
from HIV and
AIDS," said James Esseks, litigation director for the ACLU's AIDS
Project.
"These rulings are a positive step in helping us correct the wrongs
done to a community that has already gone through enough," he said.
See
"A Little Discrimination Can Be A Good Thing."
Homo-Fascism
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